A recent decision by the 8th Circuit Court of Appeals overturned EPA’s 2021 ban of chlorpyrifos applications on all food crops. While the exact date chlorpyrifos might be reinstated is unknown, the decision is being hailed as major victory for agriculture. It offers growers who relied on chlorpyrifos for years a chance to reclaim a critical insecticide. It also sets a precedent for what EPA can and cannot do when it comes to following sound science when making decisions about pesticide registration and re-registrations.

 

The 8th circuit court ruled that the EPA failed to follow the conclusions from their own scientists who found that there were safe uses for chlorpyrifos on numerous crops including soybeans, wheat, sugar beets, and cherries. EPA scientists determined these crops all had high benefits from chlorpyrifos applications. EPA’s scientists found options to safely use chlorpyrifos on these crops, but the EPA disregarded their findings and ignored these safe options. The ruling vacates EPA’s cancelation of chlorpyrifos tolerances and restores agricultural uses of chlorpyrifos. EPA could appeal the decisions, which casts uncertainty on whether it will be available for the 2024 growing season.  The 8th Circuit Court of Appeals includes the states of Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.

 

NAAA has commented numerous times to EPA on how chlorpyrifos can be safely applied by air. Now that it’s use will be reinstated for agriculture, NAAA will continue to work to ensure growers can utilize aerial applications of chlorpyrifos to ensure timely, accurate applications for controlling insect pests.